The Madras High Court Advocates’ Association has issued a statement condemning Tamil Nadu Director General of Police (DGP) Shankar Jiwal’s circular claiming that 396 advocates had visited “notorious rowdies” in prison “mainly for hatching further conspiracies”. The advocates’ statement says, “Lawyers have a professional duty to represent their clients, regardless of the charges they face, and visiting them in prison is a legitimate and necessary part of the legal process. Any suggestion that such meetings are inherently suspicious or indicative of illegal activity is defamatory and misrepresents the core principles of justice and fairness.”
The Association was reacting to a circular issued by the DGP on October 14, which claimed, “From an informal study made in prisons all over Tamil Nadu it has been observed that 396 advocates have visited 84 notorious rowdies for 1987 times during the period between January 1 and July 20, which echoes some abnormal alarm signal. For example, 15 notorious rowdies interned in Central Prison, Madurai were visited by advocates 546 times, during the above said period (sic).”
The circular was issued to all Commissioners of Police, Zonal Inspector Generals of Police, Range and Deputy Inspector Generals. Saying that only advocates involved in bail applications were allowed to meet prisoners, the DGP further instructed through the circular: “Presently many advocates other than the bonafide legal advisor are reportedly meeting the prisoners. These lapses may be rectified by monitoring their activities in the prison by coordinating with prison officials.”
The DGP also said, “A few advocates are visiting some rowdies in prisons mainly for hatching further conspiracies and to supply various banned items including cell phones, ganja and other drugs. A few persons are misusing the designation of advocates to maintain close relationship with offenders and indulge in various offences especially in conducting kangaroo court/katta panchayats in civil disputes and in encroachment of properties, preparation of forged documents and selling it for huge profit.”
He added in the circular: “When the involvement of advocates is detected in any form of organised crime, they may also be included as accused under section 111 (6 & 7) of the BNS Act and steps may be taken to attach properties under section 107 of BNSS Act, if deemed fit.”
The circular also said that an action taken report must be sent to the chief officer on or before October 17.
Condemning this, the Madras High Court Advocates’ Association said in its statement: “We are writing to express our strong condemnation of the recent circular issued by your office alleging that 396 lawyers have met rowdies in various prisons for the purpose of misusing their position to conduct kangaroo courts. This blanket accusation against the legal fraternity not only tarnishes the reputation of lawyers, but also undermines the fundamental rights enshrined in our legal system.”
The Association further said, “The legal profession is integral to upholding the rule of law, and lawyers, like any other citizens, deserve to be treated with respect and dignity. This circular, by casting unwarranted aspersions on the entire legal community, damages not only the individual reputations of these lawyers but also erodes public confidence in the justice system as a whole.”
The advocates have urged the DGP to withdraw the circular and issue a clarification to “restore the dignity of the legal profession.”